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HomeMy WebLinkAboutMINUTES - 10031995 - SD9 SD.� THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 3, 1995 by the following vote: AYES: NOES: (See below for vote) ABSENT: ABSTAIN: ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: HIV Testing Requirement The Board considered the recommendation of Warren E. Rupf, County Sheriff-Coroner, for the adoption of an enabling resolution by the Board of Supervisors of Title 8, Part 3 of the California Penal Code providing for the testing of inmates for the HIV virus when requested by law enforcement personnel or fellow inmates when such request is deemed appropriate by the County Health Officer. Following a presentation by Undersheriff Russell Pitkin, Supervisor Torlakson expressed support for the recommendation and therefore moved the adoption of the proposed resolution. Supervisor Bishop seconded the motion. Supervisor DeSaulnier expressed a desire to also review the protocol (which was not included with the resolution) setting forth the procedures/guidelines relative to the implementing resolution. He offered a substitute motion to refer this matter to the Family and Human Services Committee to review all components of the proposal including the protocol for this program and review with other counties who have similar programs. Supervisor Smith seconded the substitute motion. He expressed concern with the potential risk for increased liability through a breach in the confidentiality of an inmate's medical record. Supervisor Rogers advised of the need to have the Health Services Department provide input to the Committee on this issue. Supervisor Torlakson stated that he could support the substitute motion if it includes conceptual support of the resolution approach and adoption of the resolution proposed by the Sheriff pending review of the protocol in the Family and Human Services Committee. Supervisor DeSaulnier advised of his agreement with Supervisor Torlakson's amendment to the substitute motion as long as it is understood that implementation is conditioned on approval of the Board after it receives the report of the Family and Human Services Committee. Supervisor Rogers stated that he could not support the substitute motion if it were to include the approve in concept provision. HIV Testing October 3, 1995 Page 2 Supervisor Smith indicated that he had reservations with the amendment to the substitute motion being proposed by Supervisor Torlakson. Supervisor DeSaulnier withdrew his substitute motion. Thereupon Supervisor Bishop referred to the original motion presented by Supervisor Torlakson that she had seconded and requested that it be amended to adopt the resolution in concept but referring the matter to the Family and Human Services Committee for further information from the Health Services Department on the reliability and predictability of the testing mechanisms, and the review of the implementation and protocol of the program. Supervisor Torlakson agreed to the amendment proposed by Supervisor Bishop, who then called for the vote on the original motion as amended. The vote was as follows: Ayes: Supervisors Torlakson, Bishop Noes: Supervisors Rogers, Smith, DeSaulnier Supervisor DeSaulnier moved that the proposed HIV testing program be referred to the Family and Human Services Committee with the Sheriff and Health Services staff instructed to report to the Committee on the protocol to be used and provide information on the experience of other counties who have imple- mented such a program. Supervisor Rogers seconded the motion. The vote was as follows: Ayes: Supervisors Rogers, Smith, DeSaulnier, Bishop Noes: Supervisor Torlakson I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supe/rvJors on the date shown. ATTESTED: `-""` 31 �/ eS PHIL BATCHELOR,Clerk Of the Board of Supervisors and County Administrator By Deputy cc: County Administrator Family & Human Svcs. Cte. Health Services Director Sheriff-Coroner SII' TO: BOARD OF SUPERVISORS Contra FROM: % • Warren E. Rupf, Sheriff Costa Gary T.Yancy, District Attorney County r C.� DATE: September 6, 1995 SUBJECT: implementing HIV Testing-Requirement of Local Resolution-Recommendation SPECIFIC REQUEST(S)OR RECOMMENDATION(S)t BACKGROUND AND JUSTIFICATION RECOMMENDATION: Title 8 of part 3 of the California Penal Code (sections 7500 st seq.) requires an enabling resolution by the governing body of the county. it is therefor the recommendation the attached resolution be adopted by the Board of Supervisors. BACKGROUNDMUSTIRCATION: The provisions set fourth In Title 8 part 3 of the California Penal Code provides for the testing of Inmates for the HIV virus when requested by law enforcement personnel or fellow inmates, and when such request is deemed appropriate by the chief medical officers/county health officer. The provisions of this title are not operative unless the governing body of the county adopts a resolution affirming it such. Adoption of this resolution puts into place the protection and confidentiality deemed appropriate by state law,and is a positive step towards slowing the spread of AIDS. The resolution is attached hereto. X Resolution Aftched CONTINUED ON ATTACHMENT: YES SIGNATU pk RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA MITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT A ORRECT COPY OF AN ACTION TAKEN AYES: NOE AND E ED ON THE MINUTES OF THE BOARD ABSENT: STAIN: OF SUPERVIS ON THE DATE SHOWN. CC: ATTESTED PHIL BATCHELOR, K OF THE BOARD OF SUPERVISORS AND COU ADMINISTRATOR M382 (10/88) BY ,DEPUT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. WHEREAS, the public';peace, health and safety is endangered by the spread of acquired Immune deficiency syndrome (AIDS); and WHEREAS, the spread of AIDS presents a grave danger to law enforcement personnel who come Into contact with arrestees and prisoners infected with the AIDS virus; and WHEREAS, the protectiron of the health and safety of these personnel is of great importance to the people of Contra;Costa County; and WHEREAS, the testing of individuals in custody of law enforcement for evidence of infection by the HIV virus, AIDS or AIDS related complex would help provide a level of information necessary for effective disease control within custodial institutions, and would help preserve the health of law enforcement personnel, inmates and the public at large; and WHEREAS, such testing would be undertaken only in those cases deemed appropriate by the chief medical officer and'in compliance with all legal requirements, including those provisions pertaining to the confidentiality of results. NOW THEREFORE, BE IT RESOLVED that the provisions of Title 8 of Part 3 of the Penal Code (sections 7500 etseq.) regarding the medical testing of persons therein designated for the HIV virus, AIDS or AIDS related complex, shall be operative in Contra Costa County. hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator. By: Deputy cc: W.E. Rupf, Sheriff G.T. Yancy, District Attorney M. Finucane, Director of Health Service Department RESOLUTION NO. SD 9 TO: BOARD OF SUPERVISORS �`"s• Contra FROM: Warren E. Rupf, Sheriff Costa Gary T. Yancy, District Attorney os County DATE: September 6, 1995 SUBJECT: Implementing HIV Testing-Requirement of Local Resolution-Recommendation SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION: Title 8 of part 3 of the California Penal Code (sections 7500 et seq.) requires an enabling resolution by the governing body of the county. It is therefor the recommendation the attached resolution be adopted by the Board of Supervisors. BACKGROUND/JUSTIFICATION: The provisions set fourth In Title 8 part 3 of the California Penal Code provides for the testing of inmates for the HIV virus when requested by law enforcement personnel or fellow inmates, and when such request is deemed appropriate by the chief medical officers/county health officer. The provisions of this title are not operative unless the governing body of the county adopts a resolution affirming it such. Adoption of this resolution puts into place the protection and confidentiality deemed appropriate by state law,and is a positive step towards slowing the spread of AIDS. The resolution Is attached hereto. _zrlx I CONTINUED ONATTAvmmENT: YES- SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 80A MITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER � I VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUT`. • ' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. WHEREAS, the public p0ce, health and safety is endangered by the spread of acquired 11 Immune deficiency syndrome (AIDS); and WHEREAS, the spread'of AIDS presents a grave danger to law enforcement personnel who come into contact with!arrestees and prisoners infected with the AIDS virus; and WHEREAS, the protection of the health and safety of these personnel is of great importance to the people of Contra Costa County; and WHEREAS, the tesdng'of individuals in custody of law enforcement for evidence of infection by the HIV virus, AIDS, or AIDS related complex would help provide a level of Information necessary for effective disease control within custodial institutions, and would help preserve the health of law enforcement personnel, inmates and the public at large; and WHEREAS, such testing would be undertaken only in those cases deemed appropriate by the chief medical officer and in.compliance with all legal requirements, including those provisions pertaining to the confidentiality of results. NOW THEREFORE, BE IT RESOLVED that the provisions of Title 8 of Part 3 of the Penal Code (sections 7500 et seq.) regarding the medical testing of persons therein designated for 11 the HIV virus, AIDS or AIDS related complex, shall be operative in Contra Costa County. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator. By: Deputy cc: W.E. Rupf,,She riff G.T. Yancy, District Attorney M. Flnucane, Director of Health Service Department RESOLUTION NO. ti